2006 Nebraska Revised Statutes - § 71-3,179 — Department; adopt rules and regulations.

Section 71-3,179
Department; adopt rules and regulations.

The department, with the assistance of the board, shall adopt and promulgate all rules, regulations, and guidelines necessary for the administration of the Nebraska Cosmetology Act. In particular, the department shall adopt and promulgate the following rules and regulations:

(1) Minimum standards governing licensure, license renewal, discipline of licensees, and license reinstatement;

(2) Operation of schools of cosmetology, nail technology schools, schools of esthetics, and apprentice salons, including standards and requirements governing application, curriculum, course of study, hours and credits, staff and faculty, student and nail technology student admission and registration, student instructor, nail technology student instructor, and apprentice admission and registration, instruction and supervision, textbooks, transfers, examinations, grading and evaluation, graduation requirements, records, reporting requirements, sanitation, attire, school and salon rules and policies, smoking, subject content, lesson plans, methods of counting and recording hours and credits, library facilities, space requirements, teaching equipment and apparatus, supplies, organization and administration, transfer of location, closing a school, change of ownership or location, scheduling of courses, class size, ratio of instructors, esthetics instructors, or nail technology instructors to students or nail technology students, clinical experience requirements and locations, inspections, license renewal procedures and requirements, and any other related areas;

(3) Minimum standards governing the licensure, license renewal, discipline of licensees, license reinstatement, and operation of satellite classrooms, including movement of students among satellite classrooms and home schools, location of records, ratio of students to instructors, inspections, reporting requirements, and any other related areas;

(4) Minimum standards governing the licensure, license renewal, discipline of licensees, license reinstatement, and operation of cosmetology salons, nail technology salons, and esthetics salons, including standards and requirements governing space, facilities, equipment, hours of operation, cleanliness and sanitation, smoking, laundry, storage facilities, instruments, implements, materials and supplies, methods and particular aspects of sanitizing, pets, toilet facilities, water, client files, employment and supervision of temporary practitioners, practices permitted, application, inspection, sale or change of ownership, closing a salon, records, reporting requirements, license renewal standards and procedures, and any other related areas;

(5) Situations constituting a conflict of interest for board members and procedures for dealing with such situations;

(6) Procedures for the conduct and grading of examinations and performance standards for examinations;

(7) Minimum standards governing the licensure, license renewal, discipline of licensees, license reinstatement, and operation of cosmetic establishments including type and amount of instruction provided to cosmeticians or electrologists, safety and sanitary procedures and standards, application, inspection, reporting requirements, license renewal standards and procedures, and any other related areas;

(8) Minimum standards governing the registration, expiration, discipline, and practice of cosmeticians, nail technicians, electrologists, guest artists, guest body artists, nail technology students, nail technology student instructors, students, apprentices, student instructors, nail technology temporary practitioners, and temporary practitioners, including application, supervision, type of training received, locations of practice, reporting requirements, grounds for discipline, and any other related areas;

(9) Continuing competency requirements for persons licensed under the Nebraska Cosmetology Act as approved by the board under section 71-377;

(10) Criteria and standards to be used in the conduct of inspections and procedures to be used in the conduct of inspections and investigations, including rating systems, level of achievement necessary to receive a passing grade, conduct of inspections and investigations, and any other related areas;

(11) Minimum standards governing the granting, discipline of, and renewal of home services permits, nail technology home services permits, or home services permits for electrology and the provision of home services; and

(12) Acts constituting unprofessional conduct on the part of licensed and registered practitioners, licensed establishments and nail technology establishments, and licensed body art facilities.

Source:

Laws 1986, LB 318, § 140

Laws 1995, LB 83, § 55

Laws 1999, LB 68, § 89

Laws 2002, LB 241, § 50

Laws 2002, LB 1021, § 47

Laws 2004, LB 906, § 33

Laws 2004, LB 1005, § 40

~Revised Statutes Cumulative Supplement, 2006